Opinion
CRIMINAL 21-105
07-27-2023
UNITED STATES OF AMERICA v. YARELIS GARCIA CORRETJER
ORDER
W. SCOTT HARDY, UNITED STATES DISTRICT JUDGE
AND NOW, this 27th day of July, 2023, upon consideration of the pretrial motions filed by Defendant Yarelis Garcia Corretjer for which no hearing was required, (Docket Nos. 113, 114), and the Government's Omnibus Response thereto, (Docket No. 117 at 17-22), IT IS HEREBY ORDERED as follows:
1. Defendant's Motion for Discovery, (Docket No. 113), is denied as moot and/or as premature and without prejudice, the Government having provided the requested information as set forth in its Response, and further having indicated that it intends to adhere to its ongoing obligations at the appropriate times under Federal Rule of Criminal Procedure 16, Brady/Giglio and Jencks. (See Docket No. 117 at 17-20). 2 Moreover, the Court will set deadlines for the disclosure of Brady/Giglio impeachment materials in the pretrial order, and otherwise lacks the authority to order the production of Jencks Act material until after a Government witness testifies on direct examination. 2. Defendant's Motion to Produce Evidence the Government Intends to Use Under Federal Rules of Evidence 404(b) and 609, (Docket No. 114), is denied as premature and without prejudice, as the Court will set deadlines for the disclosure of this material in the pretrial order.